Lost Firearms, Do Not Report The Crime Of Study

In order to satisfy the need of strictly administering firearms and severely punishing the crime involving the firearms, some new provisions were set up in the amended criminal law. One of them is the crime of losing firearm and no report. Presently the research about this crime is not very deep ,and there are different opinions about several questions of this crime whether in the theorists or in the practice of judicature .From the point of legislation ,the design of provision also has some deficiency. This is very harmful to the definition and arrangement of this crime in the practices of judicature. This thesis analyses the questions in this crime from six aspects .Firstly ,from the objective aspect ,the thesis analyses the quality of losing firearm, the sense of no timely report, the form and object of report ,the denotation of severe result and the relation between the no timely report and the severe result. The quality of losing firearm has no relation with the definition of this crime whether the actor has subjective fault or not . Timely report means immediately reporting after he discovered the fact of losing firearm . Immediately reporting should be defined as reporting in 24 hours. There is no special demand to the form of reporting but the object should be the police bureau. The severe result means that the lost firearm is used by criminal to conduct crime and do severe damage which is hard to be remediable .Secondly, the thesis analyses the subjective form of this crime and defines it as indirect consciousness that means the actor has known that the firearm equipped legally had been lost and did not report deliberately .Thirdly, the thesis defines the difference between this crime and no-crime, this crime and other crime .Furthermore ,the thesis analyses the issues of cooperative crime abort this crime ,of whether unite could become the actor of this crime or not, of the legal time span of prosecution . Finally , the thesis analyses the deficiency of legislation from three aspects as the conditions of this crime, the legal punishment of this crime and the law theory to make a suggestion of legislature based on mentioned analysis :the No. 129 provision of the crime of losing firearm and no report in Chinese criminal law should be amended as: the person legally equipped with firearm who does not report the police bureau immediately when he discovered the fact that his firearm was stolen ,was lost ,was cheated away or was robbed by criminal should be punished no more than three years imprisonment or criminal detention; be punished three to seven years imprisonment if there is more severe result.